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PEOPLE v. MARTINEZ

No. 1-04-2023.

862 N.E.2d 1022 (2007)

308 Ill.Dec. 819

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Gerardo MARTINEZ, Defendant-Appellant.

Appellate Court of Illinois, First District, Fifth Division.

Rehearing Denied March 6, 2007.

Attorney(s) appearing for the Case

Richard A. Devine, State's Attorney, and James Fitzgerald, Peter Fischer, Heather Fahrenkrog, Assistant State's Attorneys, of counsel, Chicago, for Plaintiff-Appellee.

Michael J. Pelletier, Deputy Defender, and Ann B. McClennan, Assistant Appellate Defender, Chicago, for Defendant-Appellant.

Justice TULLY delivered the opinion of the court:

Following a jury trial, defendant, Gerardo Martinez, was convicted of one count of reckless homicide (720 ILCS 5/9-3 (West 2000)). On June 11, 2004, the circuit court sentenced defendant to 14 years' imprisonment as a Class 2 felon. On appeal, defendant asserts that (1) his sentence for reckless homicide was nine years longer than the maximum sentence permitted under the law that existed on the date on which he was...

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